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Marked assignment 01- 2021
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- University Of South Africa (Unisa)
Marked assignment 01
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First SemesterUniversity of South Africa.
Name: Ayomide Rachael Tijani
Subject: LEG
Assignment: 01
Unique No: 783808
Due date: 14 May 2021
Question 1
The (S & EIR) Scoping and environmental impact will be the process to be
recommended by the EAP (environmental assessment practitioner). Because the
development will have a severe impact on the environment and it will require the
clearance of an area of 80 hectare or more of indigenous vegetation.
The process is usually carried out if the authorization applied for is in respect of an
activity listed in government notice R984 where the activity will have a severe impact
on the environment. The application for the environmental authorisation will be made
in terms of the Environmental Impact Assessment Regulations 2014 issued in terms
of NEMA.
The authorization applied for by Energy co is listed in the activities under the Scoping
and environmental impact “Activity 15: The clearance of an area of 20 hectares or
more of indigenous vegetation, excluding where such clearance of indigenous
vegetation is required for
(i) the undertaking of a linear development activities;
(ii) or maintenance purposes undertaken in accordance with a maintenance
management plan.”
If the activity to be undertaken is listed in Government Notice R 984, then the
procedure to be followed to obtain an authorisation is that of S&EIR.
Question 2
Access to information is viewed as a basic requirement in any democratic state that
strives for transparency, participation and accountability. According to the bill of rights
sets out the right to information in section 32:
1) Everyone has the right of access to:
a. Any info held by the stat
, b. Any information that is held by another person and that is required for the
exercise or protection of any rights.
2) National legislation must be enacted to give effect to this right.
Section 32(2) the promotion of access to information has been promulgated to give
effect to this right, in terms of the PAIA, everyone should have access to information
held by public bodies if the requester complies with all the procedural requirements of
the act and if access to that record is not refused in terms of any recognized ground
for refusal. These grounds for refusal include instances where a record contains trade
secrets or financial, commercial, scientific or technical information of a third party that
could harm that third party.
Access to information is also a right that a private individual may enforce against
another private persons. Everyone has access to any information held by a private
body if it is required for the exercise or protection of any rights. There must also be
compliance with the procedural requirements and there must not be a recognised
ground for refusal of access to the record.
Although Energy Co. relies on a recognised ground for refusal, in terms of PAIA,
request for a record may not be refused if the disclosure of the record would reveal
evidence of
● a substantial contravention of, or failure to comply with, the law, and
● an imminent and serious public safety or environmental risk.
North south game reserve may, use this right to request from Energy Co to disclose
information on the negative impact the wind turbines may have on the bird life in the
area so that these negative impacts may be compared with legal requirements of
standards.
Question 3
The authorities in this case are the EMI’s (Environmental management inspectorates)
these inspectorates are authorized to investigates any offence committed in terms of
law, any breach of law or breach of term or condition of a permit authorization or any
other instrument issued in terms of the law.
The administrative measure available to the authorities should Energy Co not comply
with condition of permit are:
a) The EMI may issue a compliance notice if a person has not complied with a
term or condition of a permit, authorization, licence or provision of
environmental legislation.
b) Non – compliance with the compliance notice may result in a criminal
prosecution, EMI may give offender an admission of guilt fine.
c) An EMI has power to seize any item and stop, enter and search vehicles,
vessels and aircrafts.
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